USA > New York > Ecclesiastical records, state of New York, Volume V > Part 52
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Filling Vacancies in the Board of Governors.
And, Also, to Elect, Nominate, and appoint upon the Death, Removal, Refusal to Qualify, or other vacancy of the place or places, of any Governor or Governors of the said Corporation not holding his office or place as a member of the same, by virtue of any other station, office, place, or dignity, from time to time, other or others in their places or stead as often as such vacancy shall happen, which Governor or Governors so from time to time elected and appointed, shall, by virtue of these presents, and of such Election and appointment be vested with all the powers, authoritys, and priviledges, which any Governor of the said Corporation is hereby Invested with.
Suspension or Discharge of President, Fellows, Professors, Tutors. Appointment of Treasurer, etc.
And, we do further, of our especial Grace, certain Knowledge, and meer motion, for us, our heirs, and Successors, Grant and ordain that when and as often as the president of the said College, or any Fellow, Professor or Tutor holding his place during Good behaviour shall misdemean himself in his or their said offices, and thereupon a Complaint or Charge in writing of such misdemeanor shall be exhibited against him or them by any member of the said Corporation, at any meeting or meetings of the said Corporation met and convened as aforesaid, That it shall be Lawful for the said members of the said Corporation then met, or the major part
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of them from time to time, upon Examination and due proof, to suspend or discharge such President, Fellow, Professor, or Tutor, from his said office, and other or others in his or their place or places to appoint ;
And, we do further for us, our heirs, and Successors, will and grant that the said Governors of the said College, or the major part of any fifteen or more of them Convened and mett as aforesaid, shall and may, from time to time, as occasion may require, Elect, Constitute, and appoint, a Treasurer, Clerk, and Steward, for the said College, and to appoint them and each of them their respective Business and Trusts, and to displace and discharge from the Service of the said College such Treasurer, Clerk, or steward, and to elect other or others in their places and stead ; and such Treasurer, Clerk, and steward, so Elected and appointed, we do for us, our heirs, and Successors, by these presents Constitute and Establish in their several offices, and do Give them full power and authority to Exercise the same in the said College, according to the direction and during the pleasure of the said Governors of the said College, or the major part of any fifteen or more of them Convened as aforesaid, as fully and freely as any other the like officers in any of our universities or any of our Colleges in that part of our Kingdom of Great Britain called England, Lawfully may and ought to do :
Text-books, Rules, Discipline.
And we do further, of our Especial Grace, Certain Knowledge, and meer motion, Give and Grant unto the said Governors of the said College, that they and their Successors, or the major part of any fifteen or more of them Convened and mett Together in manner aforesaid, shall and may direct and appoint what Books shall be publickly read and taught in the said College, by the President, Fellows, Pro- fessors, and Tutors ;
And shall and may, under their Common seal, make and set down, and they are hereby fully Impowered, from time to time, to make and set down in writing, such Laws, ordinances, and orders, for the Better Government of the said College, and Students, and Ministers thereof, as they shall think best for the General Good of the same, so that they are not Repugnant to the Laws and statutes of that part of our Kingdom of Great Britain called England, or of our said Province of New York, and do not extend to exclude any person of any Religious Denomination whatever from Equal Liberty and advantage of Education, or from any the Degrees, Liberties, Privileges, Benefits, or Immunities of the said College, on account of his particular Tenets in matters of Religion ; And such laws, Ordinances, and orders, which shall be so made as aforesaid, we do by these Presents, for us, our heirs, and Successors, Ratify, Confirm, and allow, as Good and Effectual to bind and oblige all and every the Students and Officers and Ministers of the said College ;
And we do hereby authorize and Impower the said Governors of the said College, or the major part of any fifteen or more of them, at any of their meetings Con- vened as aforesaid, and the President, Fellows, and Professors for the time being, to put such Laws, ordinances and orders, in execution, that is to say, such as Inflict upon any Student the Greater Punishment of Expulsion, Suspension, Degradation, and public Confession, by the Governors of the said College, or the major part of any fifteen or more of them, convened and met Together as aforesaid only ; and such as Inflict the Lesser Punishments, by the President, Fellows, and Professors, or any of them, according to the true Intent of such Laws, ordinances, and orders, as shall be made In Pursuance of these presents for that purpose.
Public Worship. Visitation by Governors.
And we do further will, ordain, and direct, that there shall be forever hereafter Publick morning and evening service Constantly performed in the said College, morning and evening forever, by the President, Fellows, Professors, or Tutors, of the said College, or one of them, according to the Liturgy of the Church of England as by Law Established, or such a Collection of prayers out of the said Liturgy, with a Collect peculiar for the said College, as shall be approved of from time to time by the Governors of the said College, or the major part of any fifteen or more of them Convened as aforesaid :
OF THE STATE OF NEW YORK.
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And we do further will and grant, that the said Governors of the said College for the time being, or the major part of any fifteen or more of them Convened as aforesaid, shall have full power and Lawful authority to visit, order, punish, place, and displace, The Treasurer, Clerk, Steward, students, and other officers and ministers of the said College, and to order, Reform, and Redress, all and any the disorders, misdemeanors and abuses in the persons aforesaid, or any of them, and to Censure, suspend, or deprive them, or any or either of them, So always, that no visitation, act, or thing, in or Concerning the said College, be made or done by any other person or persons whatsoever but as is herein before Directed and Declared.
Conferring of Degrees.
And we do further, of our Especial Grace, Certain Knowledge, and meer motion, will, Give, and Grant, unto the said Governors of the said College, that for the Encouragement of the Students of the said College to Diligence and Industry in their Studies, that they and their Successors, and the major part of any fifteen or more of them Convened and mett together as aforesaid, do, by the President of the said College, or any other person or persons by them authorized and appointed, Give and Grant any such degree and degrees to any the students of the said College, or any other person or persons by them thought worthy thereof, as are usually Granted by any or either of our universities or Colleges in that part of our Kingdom of Great Britain called England, and that the President, or such other persons to be appointed for that purpose as aforesaid, do sign and seal Diplomas or Certificates of such Degree or Degrees, to be kept by the Graduates as a Testimonial thereof.
To have a Seal.
And Further, of our Especial Grace, Certain Knowledge, and meer motion, we do for us, our heirs, and Successors, will, Give, and Grant, unto the said Governors of the said College, and to their Successors, that they shall and may have one Common Seal, under which they shall and may pass all Grants, Diplomas, and all other writings whatsoever, requisite, necessary, or Convenient to pass under the seal of the said Corporation ; which seal shall be Engraven in such form and with such Devices and Inscriptions as shall be agreed upon by the said Governors of the said College or the major part of any fifteen or more of them that shall be Con- vened for the service of the said College, in the manner above directed; and by these our Letters patent it shall and may be Lawful for them and their Successors, at any of their meetings Convened as aforesaid, as they shall see cause, to Break, Change, alter, and new make the same, or any other common Seal, when and as often as to them shall seem convenient.
Inferior Officers.
And we, further, for us, our heirs, and Successors, Give and Grant unto the said Governors of the said College, and their Successors, or the major part of any fifteen or more of them Convened as aforesaid, full power and authority, from time to time, and at all times hereafter, to nominate and appoint all other Inferior officers or Ministers which they shall think convenient and necessary for the use of the College, not herein particularly named or mentioned, which Officers and Ministers we do. hereby Impower to execute their Respective offices or Trusts, during the will and pleasure only of the Governors of the said College, or the major part of any fifteen or more of them Convened as aforesaid, as fully and freely as any other the like Officers or ministers in and of our Universities or any other College in that part of our Kingdom of Great Britain Called England may or ought to do.
Letters Patent.
And, Lastly, of our Express will and pleasure, and meer motion, we do, for us, our heirs, and Successors, Give and Grant unto the said Governors of the said College, and to their Successors forever, that these our Letters patent, being entered of Record, as is hereinafter particularly Expressed, or the Enrollment thereof, shall
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be Good and Effectual in the Law, to all Intents and purposes, against us, our heirs, and Successors, without any other Lycense, Grant, or Confirmation, from us, our heirs, or Successors, hereafter by the said Governors of the said College to be had or obtained, Notwithstanding the not reciting or misrecital, or not naming or mis- naming, of the aforesaid offices, Franchises, Privileges, Immunities, or other the premises, or any of them ; and notwithstanding a writt ad Quod Damnum hath not issued forth to inquire of or concerning the Premises, or any of them, before the ensealing hereof, any Statute, act, Ordinance, or provison, or any other matter or thing to the Contrary thereof in any wise Notwithstanding ;
To have, hold, and Enjoy, all and singular the Privileges, Liberties, advantages, and Immunities, and all and singular other the Premises herein or hereby Granted, or meant, mentioned, or Intended to be herein and hereby Given and Granted unto them, the said Governors of the said College of the Province of New York, in the City of New York, in America, and to their Successors forever. In Testimony whereof, we have caused these our Letters to be made patent, and the Great Seal of our Province of New York to be hereunto affixed, and the same to be entered of Record in our Secretary's office of our said Province, in one of the Books of Patents there remaining. Witness our Trusty and well beloved James De Lancey, Esq., our Lieutenant Governor, and Commander in chief in and over our Province of New York, and the Territories depending thereon, in America, in, by, and with the Advice and Consent of our Council of our said Province, this thirty first day of October, in the year of our Lord one thousand seven hundred and fifty four, and of our Reign the twenty eighth.
Erasures, Interlineations.
The following Erasures and Interlineations appearing in these our Letters Patent. That is to say, in the first skin, Line four, the word (Law). Line nineteen, these words, (by these our Letters Patent, that there be Erected and made) Interlined : line twenty one, (with) wrote on Eraisure : line twenty two, (Law) Interlined. In the second skin, line Twelve, (the) interlined, and (Younger) wrote on Eraisure. In the third skin, the First line, (and secret,) and in the sixth Line (Administered) wrote partly on Eraisure. In the twelfth line, (And the first Lord Commissioner for Trade and Plantations) Interlined. And in the fourth skin, and first line, the word (And) Interlined.
CLARKE, Junior.
[ See Oct. 1, 18, 25; Nov. 1, 4, 1754 ; May, 7, 13, 19, 30; June 3, 5, 12; Aug. 11, 12, 1755. Also many incidental allusions in the letters, 1754-5; and Dec. 1, 1756.]
NOTE ON REV. DR. SAMUEL JOHNSON, FIRST PRESIDENT OF KINGS COLLEGE.
Rev. Samuel Johnson, D. D., the first President of King's (now Columbia) College, in New York, was born at Guilford, Conn., October 14, 1696, and in 1714 graduated at Yale College, where he continued as a tutor until 1720, when he was ordained Minister of the Congregational Church at West Haven. In 1722 he, with several other clergymen, avowed their preferences for the doctrines of the Episcopal Church, and proceeded to England, where they received Holy Orders in 1723, and returned to America; Mr. Johnson being put in charge of the Church at Stratford. At this time he was the only Episcopal Minister in Connecticut. In 1743, the Uni- versity of Oxford conferred the degree of Doctor of Divinity on him, and ill 1751, he was unanimously elected President of the newly instituted College at New York, to which city he accordingly removed. He filled that office until February, 1763, when he resigned and passed the remainder of his days at Stratford, where he resumed his former charge, and died January 6, 1772, aged 75 years. His death, the Society for the Propagation of the Gospel declared to be a public loss to the Ameri- can Church. The following is a list, as far as we have been able to ascertain, of Dr. Johnson's writings :-
Plain Reasons for conforming to the Church. 1733.
Letter of Aristocles to Authades, concerning the Sovereignty and Promises of God. 12mo. Boston, 1745.
Sermon concerning the obligations we are under to Love and Delight in the Public worship of God, preached at the opening of Christ's Church at Stratford. 4to. Boston, 1746.
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OF THE STATE OF NEW YORK.
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A System of Morality, containing the first principles of Moral Philosophy or ethics, in a chain of necessary consequences from certain facts. 1746.
Letter to Jonathan Dickinson in Defence of Aristocles to Authades, concerning the Sovereignty and Promises of God. 12mo. Boston, 1747.
Elementa Philosophica; or Things relating to the Mind and to Moral Behaviour. 8vo. Philadelphia: Franklin, 1752. (An edition of this work appears also in the Catalogue of Harvard College under this title :-
Noetica or the first principles of Metaphysics and Logic, etc. Svo. Philadelphia, 1752.
Ethica, or the first principles of Moral Philosophy. 8vo. London, 1752.
A Demonstation of the Reasonableness, Usefulness, and great Duty of Prayer. 1761.
A Sermon on the Beauty of Holiness in the Worship of the Church of England, being a brief Rationale of the Liturgy. 8vo. New York. 1761.
A Letter to a Friend; entitled, a Short Vindication of the Society for the Propa- gation of the Gospel in Foreign Parts. By one of its members. This forms an appendix to Dr. Caner's Candid Examination, published in 1763.
A Catechism and an English Grammar. 1765.
A Hebrew Grammar. London. Faden. 1767. The two last were also republished the same year, under the title of-
An English and Hebrew Grammar, being the first short Rudiments of those two Languages, taught together.
Two Sermons on Humility and Charity, delivered at New Haven. 1768.
The Rev. T. B. Chandler wrote the Life of Samuel Johnson, D. D. which was pub- lished in one Vol., 12mo. New York. T. & J. Swords. 1805 .- Ed.
-Col. Docs. N. Y. Vol. vi. p. 914.
See Chandler's Life of Dr. Johnson; and Beardsley's Life of Dr. Johnson, 1874.
REPORT OF THE TRUSTEES OF THE FUNDS RAISED FOR A COLLEGE IN THE CITY OF NEW YORK, NOVEMBER 1ST, 1754.
The Trustees of the proposed College Funds were, on Oct. 25th, 1754, ordered to report. This report was made on Nov. 1st. They briefly stated that they had entered on the trust reposed in them, and that, according to the order of the House, on Oct. 25th, they had advertised and put out the money-£3,443-at interest. They further stated that Trinity Church had offered to give them land for the site and use of a College. Signed by John Chambers, Daniel Horsemanden, Edward Holland,
Jas. Livingston, Benj. Nicolls, Ab. De Peyster. Journal of the Assembly, ii. 396.
Minority Report of Hon. Wm. Livingston on the College Funds,
November 1, 1754. (This was presented before the Majority Report.)
He said that he had protested against the above report as incomplete; that it did not contain all their proceedings; especially, that it did not contain petition by the said Trustees to the Lieutenant Governor for a Charter for a College, nor his (Livingston's) protest against the said Charter and Petition.
1. That, considering the nature of the trust reposed in the said Trustees, and that they were not a Body Corporate and Politic, they must be governed by a majority vote, and were personally responsible to the Legislature.
2. That he protested against their acts in order to protect himself.
3. That the said Trustees had exceeded their powers, or omitted to execute their trust, unless his dissent were reported. C
4. That they should have reported his dissent.
5. That their refusal so to do was an infringement of his right as a Trustee.
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ECCLESIASTICAL RECORDS
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The minority Report of Wm. Livingston included within itself documents, or extracts, or references to the following papers:
1. The first offer of land by Trinity Church as early as March 5, 1752.
2. The invitation of the Trustees to Dr. Samuel Johnson to become Head-Master, Nov. 22, 1753, signed by Wm. Livingston.
3. The invitation of the Trustees to Mr. Whittlesey to become Second Master, Jan. 7, 1754.
4. On the same date Dr. Johnson was informed that he would be made Assistant Rector of Trinity Church.
5. A reply of Dr. Johnson, dated Jan. 7, 1754, and asking for more time for con- sideration. Read to the Trustees on Feb. 11, 1754.
6. Mr. Whittlesey wrote to the Trustees that he could not yet decide. Read by the Trustees, Feb. 21, 1754.
7. March 13, 1754. The Trustees wrote to Dr. Johnson and Mr. Whittleby, inviting them to a conference in New York City in April.
8. May 16, 1754. A draft of a Charter for a College, on lands belonging to Trinity Church was read before the Trustees. Livingston protested against this with "Twenty unanswerable Reasons."
9. May 20th, 1754. The Trustees are informed that they might petition the Legis- lature for said Charter.
Journal of the Assembly, ii. p. 399.
Hon. Wm. Livingston's " Twenty Unanswerable Reasons " against the Establishment of a Sectarian College, to be supported by Public Funds. On May 16, 1754, these were read to the Trustees of the College Funds; and on Nov. 1, 1754, included in his Minority Report to the Legislature.
(Abstract.)
1. Because the Church of England, whose Liturgy is to be used in said College, is not an established Church in this Province, as declared, but all citizens are on per- fect religious equality. Therefore, the establishment of said College will be partial, and a manifest encroachment on the rights and privileges of other denominations.
2. Admitting that the Church of England, established in South Britain, is estab- lished in this Province; yet the establishment of the Liturgy of said Church in said College by Charter, and without the consent of the Representatives of the people, is unjust and an invasion of their rights. For all the inhabitants will be obliged to contribute to the support of the Institution, while the vast majority dissent from the Church of England.
3. The offer made by Trinity Church on April 8th, 1754, of land for said College, is made conditionally upon the use of the English Liturgy in said College, whereas Trinity Church on March 5th, 1752, offered the land conditionally. Trinity Church should either offer the land unconditionally or the Trustees should reject the offer as an artifice to purchase the rights and liberties of the people, under cover of a generous and unconditional gratuity.
4. That the Trustees cannot accept of lands from Trinity Church on the above conditions, or any other conditions, according to the Acts appointed them, without the consent of the Legislature. The Trustees were only appointed to receive pro- posals of land, etc., and report to the Legislature.
5. The Trustees are sufficiently empowered by the last Act to institute and manage the said College without any Charter.
6. That a Charter, however drawn, and without giving to the Trustees the right to advance one sect above another, would still be unsafe, as it might be surrendered or repealed.
7. Because the moneys directed to be paid for the salary of the Masters, etc., etc., were intended for the Masters of the Free College; but the Trustees, in taking the oath prescribed by said Charter, would bind themselves to defeat it. For they would aid and abet Trinity Church in defrauding the Province out of the said moneys, by applying them to the use of the College of Trinity Church.
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OF THE STATE OF NEW YORK.
8. Because said Charter excludes from the office of President all persons not of the Church of England. This would excite animosities in the Province by a dis- crimination of privilege, and establishing a superiority in one among the sects, which would prove prejudicial to the education of youth, by excluding competent persons from the office of President, and electing inferior persons thereto.
9. The second Act referred to, empowering the Trustees to appoint Masters, pre- scribes no religious test whatever; nor was said Act intended to exclude the Dutch or other Protestants.
10, Because the Trustees appointed by said charter are empowered to supply all vacancies of Trustees by their own choice, and without restraint. This may sub- vert the design of the College, or prove dangerous to the liberty of the people.
11. Because it will compel parents to send their children to this College of Trinity Church, or leave them without academical education.
12. Because it may carry out of this Province large sums of money to the neigh- boring provinces for the education of youth.
13. Because it is likely to prevent charitable contributions. Many will cheerfully contribute to the College of New York, but not to the College of Trinity Church.
14. Because it is contrary to the Golden Rule taught by the Head of the Church. It would be unbecoming the dignity of Trinity Church to try to counteract this rule.
15. Because the application of the moneys to the use of Trinity Church College, which were ordered to be paid for the use of the New York College, would raise public disorder when his Majesty's interests, on account of the encroachments of the French, require the greatest concord.
16. Because if there were a necessity for the said Charter, it ought to have been proposed to the Assembly at their last session (or the next one) to secure an Act to enable the Trustees to dispose of the said moneys for the purposes for which the Charter was intended. The Trustees cannot apply the said moneys to Trinity Church College until empowered so to do by the Legislature.
17. Because by said acts certain persons are appointed for the application of the moneys, but in the Charter other persons are mentioned. Those appointed by Act cannot surrender moneys to those appointed by Charter, as that would be delegat- ing a power which is not transferable.
18. Since the College of Trinity Church will consist of other Trustees, and be otherwise incorporated and enjoy other powers than the College of New York, they must be considered as totally distinct. But two Colleges are useless. Trinity Church College is set up in opposition to the College of New York. The encourage- ment of the former would be a violation of his (Livingston's) trust, and expose him to censure.
19. Because he (Livingston) verily believes that the several branches of the Legis- lature reserved solely to themselves the establishment of the plan of government to be exercised in the New York College, as they have the disposition of its location and its money.
20. Because the Trustees appointed by said acts, who consent to the appropriation of said money to the said Trinity Church College, may and ought to be accountable for the same out of their own pockets.
May 16, 1754.
Wm. Livingston.
-Journal of Assembly, ii. 400-402.
CONDITIONS PROPOSED ON WHICH THE COLLEGE MIGHT SECURE THE MONEYS.
Rev. Henry Barclay, rector of Trinity Church, to Rev. Samuel Johnson, Concerning his acceptance of the Presidency of King's College, New York. Nov. 4, 1754.
Dear Sir :- Mr. Nicoll being obliged to go out of town, communicated your letter to me in order that I might answer it. On Thursday last the Charter passed the Council and was ordered to be forthwith engrossed. On Friday, the Trustees ap- pointed by Act of Assembly according to order of the House, delivered in a report
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